Mark O. Kaplan - Page 2

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          disallowance of petitioner’s passthrough Marc losses pursuant to            
          section 1366(d).1  The issue for decision is the amount of                  
          petitioner’s adjusted basis in Marc as of December 31, 1997.2               
                                     Background                                       
               The parties submitted this case fully stipulated pursuant to           
          Rule 122.  We incorporate herein the stipulated facts.  When                
          petitioner filed his petition, he resided in Chicago, Illinois.             
          Petitioner and His S Corporations                                           
               Petitioner is a real estate developer.  During the relevant            
          years, he conducted his operations through multiple entities,               
          including several wholly owned S corporations.  In addition to              
          Marc, these S corporations included:  Lakeview Development of               
          Barrington, Inc. (Lakeview); Pleasant Prairie Development, Inc.             
          (Pleasant Prairie); and Silver Glen Development, Inc. (Silver               
          Glen).                                                                      
               For the year ending December 31, 1996, Marc sustained a loss           
          of $792,752 (the Marc loss).  At that time, petitioner had zero             
          adjusted basis in Marc.  Consequently, even though the Marc loss            
          was allocable to petitioner, see sec. 1366(b), he was unable to             
          deduct it in 1996, see sec. 1366(d).  The Marc loss carried over            


               1 All section references are to the Internal Revenue Code in           
          effect for the taxable years in issue.  All rule references are             
          to the Tax Court Rules of Practice and Procedure, as amended.               
               2 The deficiency for 1994 results from respondent’s                    
          disallowance of a carryback from 1997.                                      





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